Patna High Court
Anil PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The condition requiring a bailor to be an own or close family member is ignored for petitioners nos. 3, 4, 7 and 9, and the bail order is modified accordingly.
Summary
The Patna High Court had earlier granted bail to nine petitioners on 7 May 2025, imposing the condition that at least one bailor must be an own or close family member of the petitioner. Four of the petitioners (nos. 3, 4, 7 and 9) were unable to satisfy this condition because they had no such family members available to furnish a bail bond. They filed a criminal‑miscellaneous application seeking modification of the bail order to remove the family‑member requirement for them. The State opposed the modification. After hearing both sides, the Court allowed the application, directing that the family‑member condition be ignored for the four petitioners and extending the time to surrender and furnish bail bonds by four weeks, thereby modifying the original order.
Issues considered
- Whether the condition that a bailor must be an own or close family member can be relaxed for petitioners who lack such family members
Subjects
- bail
- modification of bail conditions
- family member requirement
- Patna High Court
- criminal miscellaneous
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15095 of 2026
In
CRIMINAL MISCELLANEOUS No.29320 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- SHAMBHUGANJ District- Banka
======================================================
1. Anil Paswan S/o- Laxmi Paswan Resident of Malda P.S- Shambhuganj,
Dist- Banka
2. Arun Paswan S/o- Laxmi Paswan Resident of Malda P.S- Shambhuganj,
Dist- Banka
3. Gulshan Kumar S/o- Sunil Paswan Resident of Malda P.S- Shambhuganj,
Dist- Banka
4. Prashant Kumar S/o- Anil Paswan Resident of Malda P.S- Shambhuganj,
Dist- Banka
5. Lakho Devi W/o- Sunil Paswan Resident of Malda P.S- Shambhuganj, Dist-
Banka
6. Shabnam Devi W/o- Barur Paswan Resident of Malda P.S- Shambhuganj,
Dist- Banka
7. Jageshwari Devi W/o- Laxmi Paswan Resident of Malda P.S- Shambhuganj,
Dist- Banka
8. Kalawati Devi D/o- Anil Paswan Resident of Malda P.S- Shambhuganj,
Dist- Banka
9. Ruchi Kumari @ Nisha Kumari @ Bibha Kumari D/o- Anil Paswan
Resident of Malda P.S- Shambhuganj, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 13-03-2026 Heard learned Advocate for the respective parties.
2. The present application is filed seeking
modification of the order dated 07.05.2025 passed by this Court
in Cr. Misc. No. 29320 of 2025, whereby while allowing the
prayer for bail of the petitioners, one of the condition has been
incorporated that one of the bailors shall be own/close family
members of the petitioners.
Patna High Court CR. MISC. No.15095 of 2026(2) dt.13-03-2026
2/2
3. Learned Advocate for the petitioners submitted that
out of nine petitioners, four petitioners who are petitioner nos. 3,
4, 7 and 9 could not furnish their bail bond because of non
availability of own/close family members for furnishing their
bail bonds.
4. Learned Advocate for the State is present.
5. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the averments made in the modification application, the same
stands allowed. The condition incorporated in order dated
07.05.2025 to the extent that one of the bailors shall be
own/close family members of the petitioners be ignored at the
time of furnishing bail bond in favour of petitioner nos. 3, 4, 7
and 9.
6. The order stands modified to the extent indicated
hereinabove.
7. Further four weeks time is extended for
surrendering and furnishing bail bond.
(Harish Kumar, J)
shivank/-
U T
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